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STATE v. COAUETTE

No. C4-98-2286.

601 N.W.2d 443 (1999)

STATE of Minnesota, Respondent, v. Mitchell Dale COAUETTE, Appellant.

Court of Appeals of Minnesota.

Review Denied December 14, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, and Wayne H. Swanson, Polk County Attorney, Crookston, for respondent.

John M. Stuart, State Public Defender, Theodora Gaitas, Assistant State Public Defender, Minneapolis, for appellant.

Considered and decided by DAVIES, Presiding Judge, WILLIS, Judge, and SHUMAKER, Judge.

OPINION

DAVIES, Judge.

Appellant Mitchell Dale Coauette appeals from a bench trial in which he was found guilty of drive-by shooting, two counts of felon in possession of a firearm, and second-degree assault. He contends the district court erred by determining that the paintball gun used to commit the alleged offenses qualified as a "firearm" and a "dangerous weapon." We agree and reverse.

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